CM 2006-10-10
MINUTES OF OCTOBER 10, 2006
The City Council of the City of Coppell met in Regular Called Session on
Tuesday, October 24, 2006, at 5:30 p.m. in the City Council Chambers of Town
Center, 255 Parkway Boulevard, Coppell, Texas. The following members were
present:
Doug Stover, Mayor
Billy Faught, Mayor Pro Tem
Tim Brancheau, Councilmember
Jayne Peters, Councilmember
Brianna Hinojosa-Flores, Councilmember
Marsha Tunnell, Councilmember (late arrival)
Marvin Franklin, Councilmember
Bill York, Councilmember
Also present were City Manager Jim Witt, City Secretary Libby Ball and City
Attorney Robert Hager.
1. Call to order.
Mayor Stover called the meeting to order, determined that a quorum was
present and convened into Work Session.
WORK SESSION (Open to the Public)
2. Convene Work Session
A. Discussion regarding upcoming Legislative Session.
B. Discussion regarding Red Light Camera installation.
C. Discussion regarding appointments to Board of
Adjustment and American Red Cross.
D. Discussion regarding proposed Programming of Spaces at
the Senior Recreation Center building.
E. Discussion of Agenda Items.
Councilmember Tunnell arrived during Work Session.
REGULAR SESSION (Open to the Public)
3. Convene Regular Session.
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4. Invocation.
Pastor Wayne McDonald of the Metrocrest Community Church led those
present in the Invocation.
5. Pledge of Allegiance.
Mayor Stover led those present in the Pledge of Allegiance.
6. Consider approval of a Proclamation naming the week of
October 23 through October 31, 2006 as Red Ribbon Week, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to R. J. Harr and McGruff.
Action:
Councilmember Hinojosa-Flores moved to approve a Proclamation
naming the week of October 23 through October 31, 2006 as Red Ribbon
Week, and authorizing the Mayor to sign. Councilmember Peters
seconded the motion; the motion carried 7-0 with Mayor Pro Tem Faught
and Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell,
Franklin and York voting in favor of the motion.
7. Consider approval of a proclamation proclaiming the week of
October 8th through 14th, 2006, as Fire Prevention Week, and
authorizing the Mayor to sign.
Presentation:
Mayor Stover read the Proclamation for the record and presented the
same to Fire Chief Kevin Richardson.
Action:
Mayor Pro Tem Faught moved to approve a proclamation proclaiming the
week of October 8th through 14th, 2006, as Fire Prevention Week, and
authorizing the Mayor to sign. Councilmember Brancheau seconded the
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motion; the motion carried 7-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Tunnell, Franklin
and York voting in favor of the motion.
Mayor Stover advised that Item 15 would be postponed and a motion on Item
15 was considered at this time. See Item 15 for minutes.
8. Citizens' Appearances.
A. Rob Reedy, 1513 Pebble Creek, spoke to Council regarding the Sex
Offender Ordinance.
CONSENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 26, 2006.
B. Consider approval of an ordinance establishing the City
Seal, Logo and Associated Icons as the official Logo for
the City of Coppell; and authorizing the Mayor to sign.
C. Consider approval of an ordinance revising the
Thoroughfare Plan to add the proposed Lesley Drive as a
two-lane undivided collector street (C2U), in its entirety
from IH 635 to Dividend Drive; and authorizing the Mayor
to sign.
D. Consider approval to purchase a Dispatch Radio Control
Upgrade from Motorola in the amount of $61,865.43,
which is being funded by the Homeland Security Grant
Program (HSGP) Sub-Recipient Agreement; and
authorizing the City Manager to sign.
E. Consider approval of a Letter of Agreement with Teague
Nall and Perkins for Professional Services related to the
design, bidding and construction administration of
Beautification of Medians on East Sandy Lake Road, in
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the amount of $54,000.00, and authorizing the City
Manager to sign.
F. Consider approval of an Interlocal Cooperation Agreement
with Denton County to receive compensation in the
amount of $5,734 for library services for fiscal year
06/07; and authorizing the Mayor to sign.
G. Consider approval of an Ordinance for Case No. S-1235-
TC, Healthy Me Marketplace, zoning change request from
TC (Town Center) to S-1235-TC (Special Use Permit-1235-
Town Center), to allow the operation of a 2,995-square-
foot grocery and restaurant, which will include
interactive food preparation or cooking school, to be
located in the Town Center Addition, Lot 2, Block 3,
along the east side of Denton Tap Road; north of Town
Center Boulevard, and authorizing the Mayor to sign.
Action:
Councilmember Tunnell moved to approve Consent Agenda Items A, B
carrying Ordinance No. 2006-1137, C carrying Ordinance No. 2006-
1138, D, E, F and G carrying Ordinance No. 91500-A-438.
Councilmember Franklin seconded the motion; the motion carried 7-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
10. PUBLIC HEARING:
Consider approval of Case No. PD-195R-O, Callahan
Medical/Office Addition, zoning change request from PD-195-O
(Planned Development-195-Office) to PD-195R-O (Planned
Development–195 Revised-Office) to allow additional attached
signage and a revision to the monument sign to allow for a
multi-tenant sign on 1.95 acres of property located at 848 S.
Denton Tap Road, north of Belt Line Road.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
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Public Hearing:
Mayor Stover opened the Public Hearing and asked for those who had
signed up to speak on this proposal.
A. Alan Sims, 749 Armstrong, expressed his opinion regarding signs.
Action:
Councilmember Brancheau moved to close the Public Hearing and
approve Case No. PD-195R-O, Callahan Medical/Office Addition, zoning
change request from PD-195-O (Planned Development-195-Office) to PD-
195R-O (Planned Development–195 Revised-Office) to allow additional
attached signage and a revision to the monument sign to allow for a
multi-tenant sign on 1.95 acres of property located at 848 S. Denton Tap
Road, north of Belt Line Road, subject to the following conditions:
1) Additional attached signs shall be in accordance with the following
regulations:
a) Maximum total square footage of attached Zoning Ordinance
signage shall be 100 square feet;
b) All signs shall be similar fonts;
c) All letters shall be individually-mounted, channel letters;
d) Black letters on the cast stone portions of the façade and
white letters on the brick portion of the building are allowed.
e) Once all signs are installed there will be a balanced
appearance.
2) The multi-tenant monument sign shall adhere to all provisions of
Section 12-29-4.2(A). iii of the Zoning Ordinance
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
11. PUBLIC HEARING:
Consider approval of Case No. PD-199R4-HC-S-1211R2 Service
Star, zoning change request from PD-199-HC-S-1211R (Planned
Development-199-Highway Commercial-Special Use Permit-
1211 Revised) to PD-199R4-HC-S-1211R2 (Planned
Development 199-Highway Commercial-Special Use Permit-
1211 Revision 2), to revise the detail site plan for Tract 4 to
allow the development of 9,310-square-foot retail building and
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to allow revised signage for the previously approved auto repair
garage on 2.24 acres of property located at the southwest
corner of S.H. 121 and MacArthur Blvd.
Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and advised that no one had
signed up to speak on this proposal.
Action:
Mayor Pro Tem Faught moved to close the Public Hearing and approve
Case No. PD-199R4-HC-S-1211R2 Service Star, zoning change request
from PD-199-HC-S-1211R (Planned Development-199-Highway
Commercial-Special Use Permit-1211 Revised) to PD-199R4-HC-S-
1211R2 (Planned Development 199-Highway Commercial-Special Use
Permit-1211 Revision 2), to revise the detail site plan for Tract 4 to allow
the development of 9,310-square-foot retail building and to allow revised
signage for the previously approved auto repair garage on 2.24 acres of
property located at the southwest corner of S.H. 121 and MacArthur
Blvd., subject to the following conditions:
1) Black lettering to be on the monument signs and white channel
lettering on the building with the Firestone logo; and
2) Contact Larry Redick at 972-323-8917 to discuss electric service
requirements.
Councilmember Peters seconded the motion; the motion carried 7-0 with
Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
12. Consider approval of the Coppell Town Center Plaza, Site Plan,
to allow the development of plaza area to include an
amphitheater, 65-foot tall tower element, water feature, shade
pavilion, walkways, seating areas and landscaping on
approximately 6 acres of property located south of Coppell
Town Center and east of the Justice Center.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Action:
Councilmember Peters moved to approve the Coppell Town Center Plaza,
Site Plan, to allow the development of plaza area to include an
amphitheater, 65-foot tall tower element, water feature, shade pavilion,
walkways, seating areas and landscaping on approximately 6 acres of
property located south of Coppell Town Center and east of the Justice
Center, subject to the following conditions:
1) Meet paving and drainage design criteria of Engineering;
2) Provide additional information regarding water feature – depth,
fountain, dimension, etc., if known; and
3) Contact Larry Redick at 972-323-8917 to discuss electric service
requirements.
Councilmember Tunnell seconded the motion; the motion carried 6-1
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell and York voting in favor of the motion and
Councilmember Franklin voting against the motion.
13. PUBLIC HEARING (continued):
Consider approval of Case No. PD-214-TH-1, TH-2, C and SF-9,
The Ellington, zoning change request from C (Commercial), R
(Retail) and SF-9 (Single Family–9) to PD-214-TH-1, TH-2, C
and SF-9 (Planned Development-214-Townhouse-1, Townhouse-
2, Commercial and Single-Family), with a Concept Site Plan to
allow the development of 125 townhouse units (67 TH-1 units
on approximately 11.6 acres of Tract A.1 and 58 TH-2 units on
approximately 7.5 acres of Tract A.2); Commercial uses on
Tract A.3 (approximately 2 acres) along Sandy Lake Road; and
on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9
on 3.3 acres for park/open space, on Tract B for a total of
approximately 29.05 acres of property located south of Sandy
Lake Road, and west of Denton Tap Road.
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Presentation:
Gary Sieb, Director of Planning, made a presentation to the Council.
Public Hearing:
Mayor Stover opened the Public Hearing and asked for those persons
who had signed up to speak on this proposal.
A. Karen Pearsall, 325 Clear Haven, spoke against this proposal.
B. Alan Simms, 749 Armstrong Blvd., spoke against lowering the tree
mitigation.
C. Mitch Milby, 105 Forest Bend, spoke against this proposal.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
Mayor Stover convened into Executive Session at 9:53 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 10:25 p.m. and reopened the Regular Session.
Councilmember Tunnell left the meeting during Executive Session.
REGULAR SESSION (Open to the Public)
Action:
Councilmember Peters moved to continue the Public Hearing until
October 24, 2006 and direct staff to bring back a traffic impact analysis,
financial impact analysis, physical impact analysis, cost of service
analysis and school impact analysis. Councilmember Franklin seconded
the motion; the motion carried 6-0 with Mayor Pro Tem Faught and
Councilmembers Brancheau, Peters, Hinojosa-Flores, Franklin and York
voting in favor of the motion.
Item 16 was considered at this time. See Item 16 for minutes.
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14. Consider approval of awarding Bid/Contract # Q-0806-01 to
Tiseo Paving Company for the construction of the Bethel Road
I project, from Freeport Parkway to the west city limit line, in
an amount of $7,293,659, as provided for in CIP funds; and
authorizing the City Manager to sign.
Presentation:
Ken Griffin, Director of Engineering and Public Works, made a
presentation to the Council.
Action:
Councilmember York moved to approve awarding Bid/Contract # Q-
0806-01 to Tiseo Paving Company for the construction of the Bethel
Road I project, from Freeport Parkway to the west city limit line, in an
amount of $7,293,659, as provided for in CIP funds; and authorizing the
City Manager to sign. Councilmember Franklin seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
15. Consider approval of an ordinance providing for the
implementation of an automated red light enforcement
program in the city of Coppell, Texas; imposing a civil penalty;
providing a repealing clause; providing a severability clause;
providing a savings clause; providing an effective date; and
authorizing the Mayor to sign.
This Item was considered prior to Item 8.
Action:
Councilmember Peters moved to postpone this item until October 24,
2006. Councilmember York seconded the motion; the motion carried 7-0
with Mayor Pro Tem Faught and Councilmembers Brancheau, Peters,
Hinojosa-Flores, Tunnell, Franklin and York voting in favor of the
motion.
16. Consider approval of an ordinance amending Chapter 6-5
Special Events and repealing Ordinance No. 2003-1065 in its
entirety and authorizing the Mayor to sign.
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This Item was considered prior to Item 14.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember Franklin moved to approve Ordinance No. 2006-1139
amending Chapter 6-5 Special Events and repealing Ordinance No.
2003-1065 in its entirety and authorizing the Mayor to sign. Mayor Pro
Tem Faught seconded the motion; the motion carried 6-0 with Mayor Pro
Tem Faught and Councilmembers Brancheau, Peters, Hinojosa-Flores,
Franklin and York voting in favor of the motion.
17. Consider approval of a Resolution approving the bylaws of the
Texas Clean Air cities coalition or coalition of cities and other
local government entities and organizations formed to pursue
mutual interests in respect of certain coal-burning electric
power plants proposed for construction in Texas, and to
preserve the rights of Texas local governments to reasonably
priced electric energy; accepting membership in said coalition;
appointing a representative to serve on behalf of the city of
Coppell; approving payment of a membership assessment;
providing an effective date, and authorizing the Mayor to sign.
Presentation:
City Manager Jim Witt made a presentation to the Council.
Action:
Councilmember York moved to approve Resolution No. 2006-1010.1
approving the bylaws of the Texas Clean Air cities coalition or coalition of
cities and other local government entities and organizations formed to
pursue mutual interests in respect of certain coal-burning electric power
plants proposed for construction in Texas, and to preserve the rights of
Texas local governments to reasonably priced electric energy; accepting
membership in said coalition; appointing Councilmember Tim Brancheau
to serve on behalf of the city of Coppell; approving payment of a
membership assessment; providing an effective date, and authorizing the
Mayor to sign. Councilmember Peters seconded the motion; the motion
carried 6-0 with Mayor Pro Tem Faught and Councilmembers
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Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
18. Consider approval of accepting the resignation of Lawrence
Swicegood from the Board of Adjustment and appointing a new
member to fill the unexpired term.
Action:
Councilmember Franklin moved to accept the resignation of Lawrence
Swicegood from the Board of Adjustment and appoint Harold Copher to
fill the unexpired term. Councilmember York seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
19. Consider approval of accepting the resignation of Nancy
Yingling from the American Red Cross and appointing a new
member to fill the unexpired term.
Action:
Councilmember Brancheau moved to accept the resignation of Nancy
Yingling from the American Red Cross and appoint Ron Carpenter to fill
the unexpired term. Mayor Pro Tem Faught seconded the motion; the
motion carried 6-0 with Mayor Pro Tem Faught and Councilmembers
Brancheau, Peters, Hinojosa-Flores, Franklin and York voting in favor of
the motion.
20. Necessary action resulting from Work Session.
There was no action necessary under this item.
21. Mayor and Council Reports.
A. Report by Mayor Stover regarding Metroplex Mayors’
Meeting.
A. City Manager Jim Witt summarized the Metroplex Mayors’
Meeting. The speaker was Jim Jackson, Chancellor of the
University of North Texas (formerly Dallas County
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Commissioner). Mr. Jackson had discussed the growth and
future plans of UNT and the Texas college systems.
EXECUTIVE SESSION (Closed to the Public)
22. Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
1. The City of Coppell and Coppell Independent School
District opposition to a change of zoning request of
the Billingsley Corporation in the City of Dallas,
Zoning Case Number Z045-107; and City of Coppell
vs. CB Parkway Business Center VI, et al in the
County Court at Law No. 3,; and CB Parkway
Business Center, et al vs. City of Coppell, et al.; and
City of Dallas vs. Douglas Stover, et al in the 191
st
District Court; and City of Coppell, et al vs. City of
Dallas, et al in the 101 District Court.
st
2. Discussion regarding Sex Offender Ordinance.
B. Section 551.072, Texas Government Code - Deliberation
regarding Real Property.
1. Sale of property South of Bethel and West of Denton
Tap.
C. Section 551.087, Texas Government Code – Economic
Development Negotiations.
1. Economic Development Prospects on the west side
of Coppell.
Mayor Stover convened into Executive Session at 11:00 p.m. as allowed
under the above-stated article. Mayor Stover adjourned the Executive
Session at 11:48 p.m. and reopened the Regular Session.
REGULAR SESSION (Open to the Public)
23. Necessary Action Resulting from Executive Session.
There was no action necessary under this item.
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There being no further business t
meeting was adjourned.
ATTEST:
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ib y Ball, Ity Secretary
me before the City Council, the
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